PTO Payout Laws by State

Last updated July 31, 2026 · 51 jurisdictions

Which states require PTO payout?

10 states treat accrued PTO as earned wages that must be paid at separation: California, Colorado, Illinois, Louisiana, Maine, Massachusetts, Montana, Nebraska, North Dakota, and Rhode Island. A further 3 default to payout unless the employer has a written forfeiture policy, and 38 leave it entirely to the employer's policy. Pick your state below for the statute and your final paycheck deadline.

PTO payout requirement and resignation paycheck deadline by state
State Payout at separation
Alabama Depends on employer policy
Alaska Depends on employer policy
Arizona Depends on employer policy
Arkansas Depends on employer policy
California Payout required by law
Colorado Payout required by law
Connecticut Depends on employer policy
Delaware Depends on employer policy
District of Columbia Payout is the default
Florida Depends on employer policy
Georgia Depends on employer policy
Hawaii Depends on employer policy
Idaho Depends on employer policy
Illinois Payout required by law
Indiana Depends on employer policy
Iowa Depends on employer policy
Kansas Depends on employer policy
Kentucky Depends on employer policy
Louisiana Payout required by law
Maine Payout required by law
Maryland Payout is the default
Massachusetts Payout required by law
Michigan Depends on employer policy
Minnesota Depends on employer policy
Mississippi Depends on employer policy
Missouri Depends on employer policy
Montana Payout required by law
Nebraska Payout required by law
Nevada Depends on employer policy
New Hampshire Depends on employer policy
New Jersey Depends on employer policy
New Mexico Depends on employer policy
New York Depends on employer policy
North Carolina Payout is the default
North Dakota Payout required by law
Ohio Depends on employer policy
Oklahoma Depends on employer policy
Oregon Depends on employer policy
Pennsylvania Depends on employer policy
Rhode Island Payout required by law
South Carolina Depends on employer policy
South Dakota Depends on employer policy
Tennessee Depends on employer policy
Texas Depends on employer policy
Utah Depends on employer policy
Vermont Depends on employer policy
Virginia Depends on employer policy
Washington Depends on employer policy
West Virginia Depends on employer policy
Wisconsin Depends on employer policy
Wyoming Depends on employer policy

Data sourced from official state labor department websites and the US Department of Labor (dol.gov). Last updated: July 2026. Calculator results are estimates for informational purposes only. For disputes involving unpaid wages or wrongful termination, consult a licensed employment attorney in your state.

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